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2007 DIGILAW 1094 (SC)

Mehboob Ahmed Siddiqui v. Nawab

2007-07-17

B.N.AGRAWAL, P.P.NAOLEKAR

body2007
ORDER SLP (C) No. - CC 5856 of 2007 1. Heard learned counsel for the petitioner. 2. The special leave petition is dismissed on the ground of delay. SLP (C) No. 11010 of 2007 3. Heard learned counsel for the petitioner. 4. We do not find any ground to interfere with the impugned order. 5. As the suit for recovery of possession of the property in question was filed in the year 1995 in which ex parte decree was passed in the year 1998 and more than nine years have expired from that date, but on one ground or the other, decree has not been allowed to be executed, we hereby direct the executing court to see that the vacant possession of the subject of dispute is delivered to the decree-holders within a period of one month from the date of receipt/production of copy of this order. In case for delivery of possession any armed force is necessary, the executing court shall requisition the same from the Superintendent of Police concerned, who shall depute it within forty-eight hours from the date the requisition is received by him. It is further directed that if any person other than the judgment-debtor is found in possession, he shall be also dispossessed by the armed force. 6. The special leave petition is, accordingly, disposed of. 7. Let copy of this order be sent to the executing court by fax as well, who shall immediately report after compliance to this Court by fax as well.